Read the full judgment text of CACV 117/2007 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 24 August 2007 before Hon Le Pichon JA.
Procedure — Stay of execution pending appeal — Condition of payment into court — Principles from Star Play Development Ltd and Wenden Engineering Service Co — Appellate court must preliminarily assess merits without detailed hearing — Strong grounds or appreciable risk required for stay — Construction contract dispute involving legality of termination — Defendant held licences on probation and facing ICAC charges — Audited accounts reveal minimal profits and limited assets — Significant risk defendant unable to repay judgment sum if appeal succeeds — Stay granted on payment into court condition to mitigate risk — Costs of stay application reserved to appeal.
Legal issues: Stay of execution pending appeal
Outcome: Stay of execution granted pending appeal on condition of payment into court.
Cited by 1 case · Cites 2 cases